Hawaii Administrative Code

At the hearing, the presiding officer may require the production of further evidence upon any issue or may call other competent witnesses to testify upon any issue. The presiding officer may authorize a party to file documentary evidence as part of the record within a fixed time …

All requests for government records or for copies of government records or to inspect the government records maintained by the commission shall be directed to the administrative director, either in writing or in person. Notes Haw. Code R. § 16-601-5 [Eff 1/1/2019] (Auth: HRS §§ 9…

A party or any person may move for a protective order to protect the confidentiality of information that is protected from disclosure under chapter 92F, HRS, or by law. A motion for a protective order shall specifically identify the document or information to be protected. The mo…

A party may move to correct the transcript within fifteen days after receipt of the transcript. The movant shall serve a copy of the motion upon all other parties. The motion shall certify the date when the transcript was received. If no objection to the motion to correct is serv…

Notes Haw. Code R. §§ 16-601-52 to 16-601-54 Eff 1/1/2019

(a) A person may make an application to intervene and become a party by filing a timely written motion in accordance with sections 16-601-15 to 16-601-24, section 16-601-41, and section 16-601-57, stating the facts and reasons for the proposed intervention and the position and in…

(a) The commission may permit participation without intervention. A person or entity in whose behalf an appearance is entered in this manner is not a party to the proceeding and may participate in the proceeding only to the degree ordered by the commission. The extent to which a …

A motion to intervene or participate, to be timely, shall be filed and served as follows: (1) A motion to intervene or participate in a public utility rate increase case shall be filed not later than ten days after the last public hearing held pursuant to the published notice of …

Any person filing a protest against a water carrier, motor carrier, or a public utility tariff change shall: (1) State the protester's full name, mailing address, and telephone number; and (2) State the facts constituting the grounds for protest, show how the protester is affecte…

Any person may protest or oppose any proposed tariff change filed by a motor carrier or its designated tariff agent by notifying the commission in writing and serving the protest on the motor carrier or its designated agent not less than twelve days before the effective date of t…

The inspection of government records maintained by the commission is governed by part II, chapter 92F, HRS. Copying of government records maintained by the commission and the costs and fees therefor are governed by section 92-21, HRS. Notes Haw. Code R. § 16-601-6 [Eff 1/1/2019] …

Any person may protest or oppose any proposed tariff change filed by a water carrier by notifying the commission in writing and serving the protest on the water carrier or its designated agent not less than fifteen days before the effective date of the proposed tariff change. The…

Any person may protest or oppose any proposed tariff changes filed by a public utility pursuant to section 16-601-111 by notifying the commission in writing and serving the protest on the public utility or its designated agent not less than fifteen days before the effective date …

(a) The consumer advocate is, ex officio, a party to any proceeding before the commission. The consumer advocate shall, except as noted herein, submit a statement of position to the commission, with service to the parties of record, stating: (1) Whether it intends to participate …

Notes Haw. Code R. §§ 16-601-63 to 16-601-65 Eff 1/1/2019

(a) An informal complaint in writing may be made by any person against any public utility, water carrier, motor carrier, or other person subject to commission jurisdiction. The complaint shall state the name of the respondent, the date and approximate time of the alleged act, and…

(a) Any person may file a formal complaint against any public utility, water carrier, motor carrier, or other person subject to commission jurisdiction. (b) Formal complaints shall: (1) Be in writing; (2) Comply with sections 16-601-15 to 16-601-21; (3) State the full name and ad…

The respondent shall, within the time specified in the order or any extension thereof as the commission grants, file its answer with proof of service on the complainant and the consumer advocate. All grounds of defense, both of law and of fact, shall be raised in the answer. If t…

(a) Respondent may file with its answer a motion that the allegations in the complaint be made more definite and certain. The motion shall specify the defects complained of and the details desired. The respondent may also file a motion to dismiss a complaint because the complaint…

The chief clerk shall have custody of the commission's official records and shall be responsible for the maintenance and custody of the docket files, including transcripts and exhibits, minutes of all commission meetings and decisions, orders, opinions, rules and approved forms. …

When a respondent has filed its answer, the commission shall set a hearing on the complaint. The chief clerk shall mail the notice of hearing by first class mail to the complainant and the respondent at least ten days before the hearing, setting forth the date, time, and place of…

The commission may at any time investigate matters subject to its jurisdiction. The chief clerk shall serve notices or orders instituting investigation, indicating the nature of the matters to be investigated and the name of the respondents being investigated. A respondent need n…

Notes Haw. Code R. §§ 16-601-72 to 16-601-73 Eff 1/1/2019

All applications and petitions shall: (1) State clearly and concisely the authorization or relief sought; (2) Cite the appropriate statutory provision or other authority under which commission authorization or relief is sought; and (3) In addition to specific requirements for par…

(a) Unless otherwise directed by the commission, whenever this chapter provides that a financial statement shall be submitted with an application or petition, the statement shall be prepared up to the latest available date and shall show, where applicable, the following informati…

Financial information, whether specified in section 16-601-75 or otherwise, and information required for particular types of applications may be provided by reference to a specific document or documents or parts thereof previously filed with the commission. The reference shall no…

Notes Haw. Code R. §§ 16-601-77 to 16-601-78 Eff 1/1/2019

An application for a motor carrier certificate of public convenience and necessity or permit shall comply with sections 16-601-15 to 16-601-24, section 16-601-74, and section 16-601-75. In addition, the application must contain the following information and data, either in the bo…

Except as provided by law, all documents filed with or presented to the commission shall remain in the files of the commission. The chairperson may permit the withdrawal of original documents upon submission of copies to replace the originals. The chief clerk shall obtain a recei…

(a) An applicant shall serve a copy of its application on: (1) The appropriate carrier association when the proposed service will directly compete with the carriers in the association with respect to the territory served, the classification or types of commodities transported, or…

An application for a water carrier certificate of public convenience and necessity shall comply with sections 16-601-15 to 16-601-24, and sections 16-601-74 and 16-601-75. In addition, the application must contain the following information, either in the body of the application o…

(a) An applicant for a water carrier certificate shall serve a copy of the application on: (1) The consumer advocate (2 copies); (2) The respective mayors of the counties within the State that are affected by the proposed service; (3) The director of transportation; and (4) Other…

Notes Haw. Code R. §§ 16-601-83 to 16-601-84 Eff 1/1/2019

(a) In order for the commission to schedule its future workload requirements in an efficient manner, every public utility and water carrier shall file with the commission a notice of intent to file a general rate increase not less than two months before filing its application or …

A public utility requesting authority to change any rate, schedule, or charge or to alter any classification, contract, practice, or rule as to result in such a change shall file an application which complies with sections 16-601-15 to 16-601-24 and section 16-601-74 and file a f…

For an application by a public utility with annual gross revenues from its public utility business of $2,000,000 or more for a general rate increase or to alter any classification, contract, practice, or rule as to result in a general rate increase to be considered a completed ap…

For an application by a public utility with annual gross revenues from its public utility business of less than $2,000,000 for a general rate increase or to alter any classification, contract, practice, or rule as to result in a general rate increase to be considered a completed …

If an applicant requests a temporary general rate increase, its written testimony and exhibits shall show probable entitlement and financial need for the temporary general rate increase, and the exhibits for the temporary general rate increase shall be prepared on a separate basi…

Notes Haw. Code R. §§ 16-601-9 to 16-601-11 Eff 1/1/2019

The latest recorded results for the test year period shall be submitted by the applicant before the close of the evidentiary hearing. Notes Haw. Code R. § 16-601-90 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6) (Imp: HRS § 391-2, 269-16)

(a) A public utility applicant with annual gross revenues from its public utility business of $2,000,000 or more shall serve six copies of its completed general rate increase application on the consumer advocate and a copy on the mayor of any county affected by the increase The a…

The commission may in its discretion modify the requirements of this subchapter, if the requirements of this subchapter would impose a financial hardship on the applicant or be unjust or unreasonable. Notes Haw. Code R. § 16-601-92 [Eff 1/1/2019] (Auth: HRS §§ 91-2, 269-6) (Imp: …

(a) Unless otherwise authorized by the commission, any proposed change or addition to motor carrier tariff provisions from those filed with the commission shall be filed with the commission and published thirty days before the effective date. (b) The form and contents of the tari…

(a) Unless otherwise authorized by the commission, any proposed change to the water carrier tariffs on file with the commission shall be filed with this commission and published forty-five days before the effective date. (b) The form and contents of the tariff filing to change or…

Notes Haw. Code R. §§ 16-601-95 to 16-601-100 Eff 1/1/2019

These rules govern the form and content of tariffs and schedules of common and contract carriers by motor vehicle. Notes Haw. Code R. § 16-603-1 [Eff 1/1/2019] (Auth: HRS §§ 269-6, 271-9) (Imp: HRS §§ 271-9, 271-21, 271-22)

Tariffs shall contain the following, in the order named: (1) Title page. The title page of the tariff shall conform to the format requirements of section 16-603-9, except that the notation "Title Page" may be used instead of the page number required in sections 16-603-9(a)(3) and…